Immigration Blog

Understanding the Impact of Mandamus on Immigration Files

Many applicants worry, can filing a mandamus have adverse impact on the immigration application? The concern is that suing IRCC will lead to a retaliatory refusal. However, a review of Federal Court decisions reveals this fear is generally misplaced. A writ of mandamus is a legal remedy compelling IRCC to perform its duty and make a decision on an unreasonably delayed application. The outcome is based on the merits of the file, not the court action itself.

The Federal Court consistently grants mandamus when delays are excessive and IRCC provides no satisfactory justification. In cases like Saqib Javed v. The Minister of Citizenship and Immigration, 2025 FC 987 and Peng v. Canada (Minister of Citizenship and Immigration), 2025 FC 2, the Court rejected IRCC’s vague excuses about “ongoing checks” and ordered timely decisions. This demonstrates that a judicial review does not create a negative bias; it enforces accountability.

• Negative Outcomes Are Not Retaliatory: Mandamus applications are dismissed when the delay is justified (e.g., legitimate security concerns in Cheloei v. Canada (Minister of Citizenship and Immigration), 2025 FC 820), or when the applicant is responsible for the delay, as in Mahboobehsadat Emadi v. The Minister of Citizenship and Immigration, 2025 FC 1316.
• Mootness is Common: Often, filing for mandamus prompts IRCC to issue a decision before the court hearing, rendering the case moot. The decision (positive or negative) was likely the one the file was already heading towards.
• Focus on Your Application: The best way to mitigate risk is to ensure your application is complete and you have complied with all requests. The mandamus process exposes the file's existing strengths or weaknesses.

Ultimately, a mandamus action is a procedural tool to end inaction. It does not adversely affect a well-prepared application but can expose the flaws in an incomplete or ineligible one by forcing a final decision.